Traffic Laws You May Have Forgotten

Answering common questions about who should wear seat belts, distracted driving, and how to know who has the right of way

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Matt Hill
Matt Hill
September 11, 2024·5 min read

Even experienced drivers who consider themselves to be skillful and safe when behind the wheel could use a little refresher course when it comes to traffic laws. The fact is, experienced drivers can still come across a multitude of different, unfamiliar situations, and it is often in these instances where the legal way to proceed may be unclear or forgotten. In this article, we will look at some commonly broken or forgotten traffic laws as well as best practices for knowing how and when to yield the right of way to other vehicles or pedestrians.
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COMMONLY BROKEN TRAFFIC LAWS

Frequently broken traffic laws often happen to be laws that are more loosely enforced by officers. This can give drivers the confidence to bend or break these laws without the fear of consequences. In other instances, frequently broken laws may be newer or govern obscure scenarios, leading to many drivers not even knowing they exist until an officer issues them a citation.

Exceeding the Speed Limit: Among the most frequently bent or broken laws are speed limits. While signs are required by law to be visible in all weather conditions and placed at frequent intervals, the speed limit is often ignored and, in many areas, only enforced by speed traps or when law enforcement considers drivers to be speeding excessively.

Not Coming to a Full Stop: At stop signs or red lights, drivers are required to bring their vehicles to a complete stop before proceeding. This means that all wheels stop moving entirely. Despite this, many of us are guilty of "rolling through" stops or slowing just enough to check that an intersection is clear before accelerating again.

Seat Belts
: With the exception of New Hampshire, all drivers and front-seat passengers are required to use seat belts. In 33 states, rear-seat occupants are required to wear seat belts as well.

Turn Signals: While laws from state to state may vary, all vehicles are required by law to have working turn signals and failure to use them correctly could result in a citation.

Tailgating: Following too closely is grounds for being pulled over and receiving a traffic citation in any state, even though the definition of "too closely" may be a bit vague. Generally speaking, tailgating is any instance where the distance between two vehicles is close enough to increase the risk of a collision during a hard stop. As a guideline, following drivers should allow a car length for every ten miles per hour of speed, extending this distance in rain or inclement weather.

Distracted Driving: With the advent of smart phones and infotainment systems that allow us to stream music, driving instructions, or even movies, distracted driving has become a looming problem across the U.S. Many states have enacted distracted driving laws that make it illegal for drivers to text or even handle electronic devices while driving a vehicle. Be sure to check the laws in your state.
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UNDERSTANDING RIGHT OF WAY AND WHEN TO YIELD

One of the most fundamental aspects of operating a motor vehicle safely is understanding how, when, and where to yield the right of way to other vehicles and pedestrians. As we just mentioned, distracted driving continues to be a growing problem and a leading factor in accidents and pedestrian fatalities, so developing your understanding of right of way rules is more important than ever.

4-Way Stop: At a 4-way stop, the vehicle that arrives and comes to a complete stop first has the right of way. In an instance where the order of arrival is unclear or two cars arrive simultaneously, the vehicle to the right has the right of way.

Uncontrolled Intersections: At intersections with no stop signs or lights, approaching drivers must always yield the right of way to traffic already moving through the intersection. Usually, this will be a 3-way intersection or on rural roads.

Non-Functioning Traffic Lights
: Sometimes an intersection may be uncontrolled because traffic lights have stopped working. In the instance of broken or malfunctioning traffic lights, drivers should treat such an intersection just as they would a 4-way stop sign. Yield the right of way in the order vehicles arrive and to the right when arrival order is unclear.

Yielding to Pedestrians: Although laws may vary slightly by state, as a rule pedestrians and bicyclists should always be given the right of way on all roads and through all intersections, regardless of whether the pedestrian is in a marked crosswalk or not. With pedestrian fatalities on the rise due to distracted driving, drivers should be aware of pedestrian right of way laws in their state. That said, pedestrians are only permitted to cross a road at marked crosswalks and could be cited for "jaywalking" if they enter roadways from a curb or step into oncoming traffic.

When in doubt regarding traffic laws in your area, consult your state's motor vehicle bureau for specifics on traffic laws in your area. For a complete list of states and links to their traffic laws, visit findlaw.com.


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